IFB_Event_0000029728_EVSE_Addendum_3.docx

*Addendum 3*

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES – PROCUREMENT DIVISION

INVITATION FOR BID

Electric Vehicle Supply Equipment (EVSE) EVENT ID 0000029728 *Addendum 3* *March 29, 2024*

BIDS ARE DUE BY: April 10, 2024 at 2:00 PM PT

RETURN BID TO:

CMU@dgs.ca.gov

(Contract Reference Number 61-15) PD Reference Only Business Unit (BU): 77601

SCOPE

The State of California, Department of General Services, Procurement Division (DGS-PD) is issuing this Invitation for Bid (IFB) to cover the requirements of the State of California for Electric Vehicle Supply Equipment (EVSE). Accessories, Installation/Removal, Take-Back, Network Management System and Services, Equipment Maintenance Services, and Repair Services are ancillary and support the EVSE hardware purchased through this contract. The contract resulting from this IFB will be mandatory for all State of California Departments in accordance with Section 32, Pricing Structure and available for use by participating California local agencies.

The term of any contract resulting from this IFB will be for three (3) years. The contract will contain two (2) extension options for one (1) year or portion thereof. If a mutual agreement for a contract extension cannot be met, the contract will expire at the end of the current contract term.

All equipment offered must be new and the latest model in current production. Used, shopworn, refurbished, demonstrator, prototype or discontinued models are not acceptable.

This IFB does not include Public Works, with the exception of setting in place and connecting to existing power. Any additional public works (e.g., trenching, cabling, electrical upgrades) must be acquired through other means.

LOCAL GOVERNMENT PARTICIPATION

Local government agencies are defined as “any city, county, city and county, district or other local governmental body or corporation empowered to expend public funds for the acquisition of goods, information technology, or services,” reference Public Contract Code (PCC) Section 10298 (a) (b) and 10299 (b). Local governmental agencies shall have the same rights and privileges as the State under the terms of these contracts.

Any local governmental agencies desiring to participate shall be required to submit to the same responsibilities as do State departments and will have no authority to amend, modify or change any condition of these contracts.

CURRENT CONTRACT

The historical value based on expenditures from the previous mandatory statewide contract, number 1-18-61-15 (A-C), for EVSE, is $7,904,218.25 over five (5) years. The Groups within this IFB make up a portion of that expenditure amount.

METHOD OF AWARD

Award will be made by individual Groups. In order to be considered for award, all line items within the Group must be bid. The Groups are defined as follows:

· Group 1 – Level 1 Basic, ≥ 1.2 to < 2.4 (kW or KVA)

· Group 2 – Level 2 Basic, Low Power, ≥ 7.2 to < 9.6 (kW or KVA)

· Group 3 – Level 2 Basic, Medium Power, > 9.6 to < 14.4 (kW or KVA)

· Group 4 – Level 2 Basic, High Power, ≥ 14.4 (kW or KVA)

· Group 11 – DCFC Smart, Low Power, ≥ 24 to < 150 (kW or KVA)

Accessories, Installation/Removal, Take-Back, Equipment Maintenance Services, Repair Services, and a Non-Core Catalog are included in each Group. Network Management System and Services is included in Group 11. These items are ancillary and support the EVSE hardware.

Award will be made by Group to the responsive and responsible Bidder with the lowest cost, including all applicable preference and incentive calculations.

DRAFTS

If the State determines that bids from all Bidders contain material deviations, the State may declare the bids to be draft bids. If bids are declared drafts, the State will issue an addendum to the IFB document and confidential discussions may be held with the Bidders who wish to continue in the bidding process. Notifying the Bidder of defects is intended to minimize the risk that the final bids will be deemed non-compliant; however, the State will not provide any warranty that all defects in the draft bids have been detected. Notification of defects in the draft bid will not preclude rejection of the final bid, if undiscovered defects contained in the declared draft bid are later found in the final bid. Oral statements made by either party during confidential discussions shall not be binding.

NEGOTIATIONS

The State may elect to enter into negotiations pursuant to Public Contract Code §6611 if conditions exist. Should the State elect to negotiate, the process shall be described in writing and provided to the parties involved prior to commencement of negotiations.

KEY ACTION DATES

The important dates and times by which actions must be taken or completed are identified below. If the State finds it necessary to change any of these dates, the State will release an addendum identifying the changes.

Held virtually via Microsoft TEAMS Click here to join the meeting Meeting ID: 218 295 116 557 Passcode: epQCXw Or call in (audio only) 1 (916) 245-8850 Meeting ID: 218 295 116 557 Phone Conference ID: 259 648 671# 3/20/2024

ALTERNATIVE PROTEST PROCESS

This solicitation/acquisition is being conducted under the provisions of the Alternative Protest Process (Public Contract Code Section 12125, et seq.) By submitting a bid or proposal to this solicitation, the bidder consents to participation in the Alternative Protest Process and agrees that all protests of the proposed award shall be resolved by binding arbitration pursuant to the California Code of Regulations, Title 1, Division 2, Chapter 5. Link to the Alternative Protest Process regulations.

A Notice of Intent to Award for this solicitation will be publicly posted on the Department of General Services Procurement Division webpage and sent via facsimile to any bidder who submits a written request for notice and provided a facsimile number. DGS/PD webpage link.

During the protest period, any participating bidder may protest the proposed award on the following grounds:

1. For major information technology acquisitions – that there was a violation of the solicitation procedure(s) and that the protesting bidder’s bid should have been selected; or

2. For any other acquisition – that the protesting bidder’s bid or proposal should have been selected in accordance with the selection criteria in the solicitation document.

A written Notice of Intent to Protest the proposed award of this solicitation must be received (facsimile acceptable) by the Coordinator before the close of business 5 p.m. PST/PDT on the 2nd working day after issuing the notice of intent, as specified in the solicitation. Failure to submit a timely, written Notice of Intent to Protest waives bidder’s right to protest.

Bidder is to send the notice of protest to:

Alternative Protest Process Coordinator/Dispute Resolution Department of General Services Procurement Division Purchasing Authority Management Section 707 Third Street, 2nd Floor South West Sacramento, CA 95605 Fax: 916 / 376-6226 Email: PDProtest@dgs.ca.gov

Within seven (7) working days after the last day to submit a Notice of Intent to Protest, the Coordinator must receive from the protesting bidder the complete protest filing including the signed, written detailed statement of protest including exhibits, filing fee and deposit or small business certification as applicable. Untimely submission of the complete protest filing waives the bidder’s right to protest.

Protest bond requirement: bond amount for this Alternative Protest Process shall be 10 percent of the contract amount as specified in the solicitation. See California Code of Regulations, Title 1, Section 1418.

REQUIREMENTS PROTEST

Protests regarding any issue other than selection of the "successful Bidder" are requirements protests and will be heard and resolved by the Deputy Director of the DGS-PD, whose decision will be final.

All protests must be made in writing, signed by an individual authorized under Section 18, Agreement Cover Letter and Contract Provisions, and contain a statement of the reason for protest, citing the law, rule, regulation or procedures on which the protest is based. The protestant must provide facts and evidence to support the claim.

Requirements Protests must be mailed or delivered to the address below and/or emailed to the Procurement Official identified in Section 14, Procurement Official.

Street Address:

Deputy Director Procurement Division 707 3rd Street, 2nd floor West Sacramento, CA 95605

All protests to the IFB requirements or procedures must be received by the Deputy Director of the Procurement Division as promptly as possible, but not later than the respective time and date specified in Section 7, Key Action Dates.

SMALL BUSINESS/DISABLED VETERAN BUSINESS ENTERPRISE (SB/DVBE) OFF-RAMP

Any contract awarded from this IFB may be subject to the SB/DVBE Off-Ramp contract provision. This provision allows State departments to purchase goods or services from California certified SB/DVBE firms. Purchases which utilize the SB/DVBE Off-Ramp option do not count toward the Contractor’s SB/DVBE participation. The State reserves the right to rescind this provision at any time.

RESPONSIBLE BIDDER

DGS-PD may require Bidders to submit evidence of their qualifications. This includes, but is not limited to, personnel in the numbers and with the skills required, equipment of appropriate type and sufficient quantity, financial resources sufficient to complete performance under the contract, and experience in similar endeavors. If such information is required, the Bidder will be notified to submit the required information. If the State determines the Bidder is not responsible, the bid will be rejected.

BIDDER INSTRUCTIONS

The Bidder Instructions include the Bidder’s and the State’s rights and responsibilities for the bidding process, unless otherwise specified in this IFB. Bidder Instructions are located at the following link: Bidder Instructions (rev 11/09/2011).

ADDENDA

In the event that the IFB is revised by an addendum, Bidder is required to meet all requirements of the most current addendum, including using any updated forms.

The IFB document is not required to be submitted with the bid. This language supersedes DGSPD-451, Bidder Instructions (rev 11/09/2011) Section 3.b., Solicitation Addendum (Addenda).

PROCUREMENT OFFICIAL

The Procurement Official contact information for this IFB is listed below:

Melissa Del Rio Procurement Division Department of General Services 707 Third Street, 2nd Floor West Sacramento, CA 95605 Telephone: (279) 799-4293 E-mail: Melissa.DelRio@dgs.ca.gov Bid Submittal E-mail: CMU@dgs.ca.gov

The Procurement Official shall be the single point of contact. All inquiries and questions must be directed to only this person. Oral communications are discouraged and shall not be binding to the State. Bidders should only rely on written statements issued by the Procurement Official.

Bid submittals shall be sent to the Bid Submittal E-mail address identified above.

BIDDER QUESTIONS

This IFB addresses all requirements that Bidders must meet to be eligible for consideration. Bidders must carefully read the entire IFB, ask appropriate questions in a timely manner, and make sure all procedures and requirements of the IFB are accurately followed and addressed.

If a Bidder discovers any ambiguity, conflict, discrepancy, omission, or other errors in the IFB, the Bidder shall immediately notify the Procurement Official of such error, in writing, and request clarification or modification of the document.

Bidders requiring clarification of the intent or content of the IFB or on procedural matters regarding the competitive bid process may request clarification by submitting questions in an email clearly referencing the Event ID number to the Procurement Official listed in Section 14, Procurement Official.

Question and Answer sets will be provided to all Bidders without identifying the submitters. At the sole discretion of the State, questions may be paraphrased by the State for clarity and to maintain anonymity. Oral answers shall not be binding on the State.

A Bidder who desires clarification or further information on the content of the IFB, but whose questions relate to the proprietary aspect of that Bidder's proposal and which, if disclosed to other Bidders, would expose that Bidder's proposal, may submit such questions in the same manner as above but must mark such correspondences as "CONFIDENTIAL”. The Bidder must explain why any questions are sensitive in nature.

If the State concurs that the disclosure of the question or answer would expose the proprietary nature of the proposal, the question will be answered, and both the question and answer will be kept in confidence. If the State does not concur with the proprietary aspect of the question, the question will not be answered in this manner and the Bidder will be so notified.

To ensure a response, questions and clarifications must be received in writing by the scheduled date given in Section 7, Key Action Dates.

REQUEST TO CHANGE THE REQUIREMENTS OF THE IFB

If the Bidder believes that one or more of the IFB requirements is onerous, unfair, or imposes unnecessary constraints to the Bidder in proposing less costly or alternate solutions, the Bidder may request a change to the IFB by submitting in writing the recommended change, the facts substantiating this belief, and justification for making the recommended change. Such request must be submitted to the Procurement Official by the date specified in Section 7, Key Action Dates.

Failure by any Bidder to raise any concern related to an IFB requirement will be deemed a waiver of any claim regarding the contract award relating to the specific IFB requirement.

CLARIFYING INFORMATION

During the evaluation and selection process the State may ask the Bidder to clarify their submitted response if the bid contains conflicting information regarding a requirement for which compliance cannot be determined. Clarification will not be requested if the Bidder has been deemed non-compliant to other requirements.

Except for clerical errors, the State will not ask clarifying questions for bids where the response to the requirement is non-compliant as this would result in a change to the bid.

AGREEMENT COVER LETTER AND CONTRACT PROVISIONS

All Bidders must complete the Agreement Cover Letter and include it with the bid. The Agreement Cover Letter (which shall be considered an integral part of the bid) shall be signed by an individual who is authorized to bind the bidding firm contractually. An unsigned Agreement Cover Letter shall cause the bid to be rejected.

By signing the Agreement Cover Letter and submitting a bid, Bidder is agreeing to accept all of the terms and conditions of the IT General Provisions (rev 6/21/2022) without addition or modification.

Bidder also agrees to comply with all applicable statutes, rules, regulations, and orders of the United States and the State of California.

SPECIFICATIONS

All products offered must meet or exceed the attached specifications entitled State of California Bid Specification Numbers:

· Attachment 2A – EVSE Chargers, Bid Specification Number 6115-0308580, *Addendum 3, dated 03/28/2024*.

· Attachment 2B – Network Management Systems and Services, Bid Specification Number 6115-0308580NMS, dated 01/22/2024.

· Attachment 2C – Attachment A – Standard Reports, Bid Specification Number 6115-0308580R, dated 01/22/2024.

TECHNICAL LITERATURE

Bidders are requested to submit technical literature which should be annotated to specify the applicable page, brand, model, and Contract Line-Item Number (CLIN). Technical literature should be submitted with the bid response. If this documentation is not included in the bid response, Bidder shall provide it within five (5) days after request from the State. Failure to submit literature upon request will result in the bid being considered non-responsive.

EVSE HARDWARE

EVSE Hardware shall be a fully functioning charging unit in accordance with Attachment 2A – EVSE Chargers, Bid Specification Number 6115-0308580, *Addendum 3, dated 03/28/2024*. Smart units include all hardware (e.g., modems, SIM cards) to enable transmission of data gathered in accordance with Attachment 2B, Network Management Systems and Services, Bid Specification Number 6115-0308580NMS, dated 01/22/2024.

EVSE HARDWARE WARRANTY

All EVSE hardware items shall include at least one (1) year manufacturer’s warranty on all system components after installation commencing on the date of acceptance. A copy of the manufacturer’s warranty shall be provided with the bid submittal or within five (5) days after request by the State. Failure to submit warranty may result in your bid being considered non-responsive.

Upgrades to existing system components will be covered by at least a one (1) year manufacturer’s warranty for the upgraded components only, running concurrent with any original warranties that may still be valid.

EVSE INSTALLATION/REMOVAL SERVICES

Installation services shall include, but not be limited to, landing, securing, connecting, and commissioning a fully functioning unit. Installation does not include any site preparation services. The Contractor shall affix a label or decal to the device at the time of installation showing installation date, name, address, phone number and email of the local representative responsible for servicing the device. State ordering agencies shall coordinate with the Department of General Services, Real Estate Services Division (DGS/RESD) and the Contractor to establish any site preparation services.

A manufacturer’s installation and maintenance catalog or instruction manual will be provided with each type of EVSE or Group of EVSEs ordered and delivered, at no additional cost to the State.

The contracts will require installations at various sites throughout California. California law requires that the installation Contractor or installation subcontractor(s) possess and submit a copy of its valid proper Classification C-10, Electrical Contractors License at the time of bid opening (Business and Professions Code, B&P 7028.15). Bidders shall provide a completed Attachment 4 – Contractors License Requirement form with their bid submittal for each C-10 Contractor identified. The form must include all identified licensed Contractors to be used for the resulting contract. A new Attachment 4 – Contractors License Requirements will be submitted to the Contract Administrator for review and approval if additional subcontractors are added after contract award. The Contractors State License Board website will be reviewed to verify the license is valid and in good standing. The website can be found at: https://www2.cslb.ca.gov/onlineservices/CheckLicenseII/checklicense.aspx.

Any installations subject to Public Utilities Code section 740.20(a) shall include electricians who hold an Electric Vehicle Infrastructure Training Program certification.

Removal Services shall include, but not be limited to, decommissioning, decoupling, and dismounting of existing equipment. The ordering agency shall determine the final disposition of the equipment (e.g., Contractor Take-Back, relegation to surplus property).

EQUIPMENT MAINTENANCE SERVICE

During the warranty period, Bidders shall offer Equipment Maintenance (EM) service with the goal of preventing equipment failure before it occurs. If ordering agencies wish to purchase EM services, the costs proposed on Attachment 1 - Pricing Workbook shall include all labor, supplies, and consumables to ensure that the device will operate within the OEM’s specifications. Qualified trained technicians will perform all contracted maintenance. An Equipment Maintenance service log will be maintained for each machine.

EM services shall include but not be limited to:

· partial or complete overhauls at specified periods

· cleaning

· worn part replacement

· lubrication

If EM services are purchased more than thirty (30) days after the expiration of the warranty, the Contractor may charge the Repair Service hourly rate as proposed on Attachment 1 - Pricing Workbook to bring the device’s performance level up to standard.

EM may be conducted by licensed third-party Contractors without voiding the warranty.

REPAIR SERVICES

The Contractor shall repair equipment with damages due to external causes including, but not limited to:

· Accident

· Abuse

· Vandalism

· Flood

· Fire

· Misuse

· Problems with electrical power servicing not authorized by the Contractor

· Usage not in accordance with product instructions

· Problems caused by use of parts and components not supplied or installed by the Contractor

· Acts of God

Contractors shall not refer ordering agencies to the OEM for repairs. The Contractor shall be the main point of contact for all issues and shall facilitate any necessary contact between the ordering agency and the manufacturer.

The Contractor shall provide Repair Services to ordering agencies during the contract period and shall also offer Repair Services on units purchased through the resulting contracts after warranty expiration. The Contractor shall respond to the ordering agency’s representative within four (4) hours during normal business operation hours via e-mail or phone when a non-functioning or faulty station is reported; response shall include acknowledgement of the repair request and the expected time station will be available for use.

The Contractor shall contact the ordering agency representative within two (2) business days of notification to schedule repairs. Repairs will be scheduled during normal business operation hours unless otherwise agreed to by both parties. The Diagnostic Fee proposed on Attachment 1 – Pricing Workbook may be assessed to determine the scope of needed repairs on damaged EVSEs. The Diagnostic Fee will be waived if the ordering agency approves repairs to the EVSE or if damage is significant enough that the EVSE is approved for replacement.

The Contractor shall initiate on-site repair or replacement services and have the EVSE repaired or replaced within ten (10) business days from Contractor’s acknowledgement of the repair request. Temporary replacement by a no-cost portable charger shall be acceptable upon agreement by the ordering agency.

When applicable, the Contractor shall utilize a C-10 licensed, certified electrician to provide Repair Services at the flat hourly labor rate as quoted in Attachment 1 – Pricing Workbook. Any EVSE Hardware needed for repair will include the contract discount as quoted in Attachment 1 – Pricing Workbook. Costs must be approved by the ordering agency before any repairs are completed.

Expedited Repair Services The Contractor shall offer expedited repair services exceeding the requirements above:

· The Contractor shall respond to the ordering agency’s representative within two (2) hours, during normal business operation hours via e-mail or phone when a non-functioning or faulty station is reported.

· For station issues that require onsite diagnostics, the Contractor shall contact the ordering agency representative within two (2) calendar days to schedule repairs.

· The Contractor shall initiate on-site repair or replacement services and have the EVSE repaired or replaced within five (5) calendar days from Contractor’s acknowledgement of request. Temporary replacement by a portable charger shall be acceptable upon agreement by the ordering agency.

TAKE-BACK SERVICES

Bidders shall make available a Take-Back service for EVSE, including other OEM equipment. This Take Back service is for non-working equipment. It is not mandatory that the ordering agency use the service offered. Ordering agencies may purchase Take-Back at the cost proposed on Attachment 1 - Pricing Workbook.

The equipment returned as part of the Take-Back service shall be environmentally responsibly managed. To the greatest extent feasible, the equipment is to be refurbished for resale or recycled.

Prior to contract award, the Contractor shall provide a description of the Take-Back program during the contract implementation period within five (5) working days of request. The description shall include the following:

· Name and address of equipment Take-Back company (including transporter company, if different).

· General description of what steps take place during the Take-Back process: from pick-up to the refurbishment or recycling of the equipment. Include name and location of involved facilities.

· Brochure or website addresses documenting the equipment manufacturer’s commitment to recycling or zero landfill disposal.

· Instruction on how to use the service (i.e., contact information).

Before any Take-Back can occur, state agencies must obtain approval for discarding their IT equipment from the DGS Surplus Property and Reutilization Program. In accordance with the State Administrative Manual (SAM), Chapter 5900, Information Technology-Disposal of IT Equipment, each agency must explore the reutilization of surplus IT equipment prior to requesting approval for recycling or attempting to use the equipment as a credit toward the purchase of new equipment. Disposal shall be according to EPA standard with electronic certification.

The State reserves the right to remove and retain data storage media, including but not limited to any hard drive in the equipment, prior to Take-Back.

NETWORK MANAGEMENT SYSTEM AND SERVICES

This Section applies to Group 11 only.

Bidders shall provide Network Management System and Services per Attachment 2B – Network Management Systems and Services, Specification Number 6115-0308580NMS, dated 01/22/2024. Bidder will provide, within five (5) working days of request, example of reporting as called out on Section 3.5 of Attachment 2B – Network Management Systems and Services, Specification Number 6115-0308580NMS, dated 01/22/2024. Failure to provide an example of the reporting may result in the bid being considered non-responsive.

Service related information and instructions, including a 24/7 live operator assisted toll free line, shall be clearly posted on and/or near and easily visible to users on all EVSE stations, in accordance with Section 3.6.7 of Attachment 2B – Network Management Systems and Services, Specification Number 6115-0308580NMS, dated 01/22/2024.

Fee Payment Processing Bidders who propose Smart Chargers, Group 11, shall meet the State’s requirements for payment collection and processing for fees assessed for charging vehicles, as specified below:

1. The Contractor shall establish and maintain separate bank accounts for any funds collected under any contracts resulting from this IFB.

2. All deposits will be made to the State’s central depository zero balance bank account. Deposit instructions and account information will be provided by the ordering agency.

3. The Contractor will deposit receipts to the State at intervals of no more than 10 calendar days. Transaction data for each receipt will be provided to the ordering agency.

4. The Contractor will invoice ordering agencies monthly in arrears.

5. Deposits shall not be net of the Contractor’s service fees.

6. Deposits shall be net of credits and chargebacks (i.e., money credited to a customer as a result of a disputed charge). The Contractor will not have the authority to debit money from the ordering agency’s account.

7. The Contractor shall resolve payment card questions and chargebacks.

SOFTWARE

This Section applies to Group 11 only.

Systems Operating Software Bidder shall provide the most current systems operating software to provide fully functional equipment unless otherwise specified in the purchase order. The Bidder will deliver all original software media and manuals with the delivered products. If the original operating system media is not delivered with the products, the Bidder must provide recovery media with the system.

These software products shall be available throughout the contract duration, including any extension. Contractor must provide a perpetual license to the operating system.

Additional Software Products Additional software products required for the purpose of telemetry shall be offered on the resulting contract. Additional software required shall be sold through the Non-Core Catalog at the discount proposed.

Related Software Contractor must communicate and provide to the ordering agency (at no additional cost) updates and releases of related software required to make a complete working telemetry system.

Title (Software/Firmware) Contractor represents and warrants that it is the sole owner of the goods or, if not the owner, has received all proper authorizations from the owner to license the software/firmware product, and has the full right and power to grant the rights contained in this contract. Contractor further warrants and represents that the software/firmware package, and its use will not violate or infringe upon any patent, copyright, trade secret, or other property right of any other person.

Security The minimum standards for security are listed below:

1. The Contractor will have a written risk management process for data loss and data breach of servers, web application, program interface, devices, or asset through devices after the implementation meeting with the ordering agency.

2. Data Warehouse security processes, firewalls, and communication encryption will be provided in writing after the implementation meeting with the ordering agency.

3. In the event of a breach, the Contractor will disclose as required by the California Civil Code 1798.29, section 1, section 1.5, and section 2.

4. The Contractor will comply with Advanced Encryption Standard 256 (AES 256) or greater for data transmissions, including ordering agency-to-server, server-to-server communication, as well as any data transfer between core systems and third-party systems wired or wireless. Unencrypted communication is permissible within a protected authorized boundary, for example, internal server-to-server communications within a protected Amazon Web Services (AWS) Virtual Private Cloud (VPC).

5. The physical data centers will only allow access to authorized employees.

6. The physical data centers will have back up power capable of sustaining data center power needs with the ability to, at a minimum, permit restoration of data collection and user monitoring services within twenty-four hours after power failure.

7. The Application will employ Secure File Transfer Protocol and Secure Hypertext Transfer Protocol.

8. Contractor will audit its own security policies and procedures at least yearly and update/upgrade as technology advances. Contractor shall provide a copy of the annual audit or executive summary at no cost. The data contained in the annual report will be certified by the Contractor for accuracy.

9. All data will be backed up daily. All data backups will be restored and tested annually to ensure that the backups’ data integrity is preserved. The vendor must coordinate with the agency the test validation and provide the results of the validated restore.

10. The system shall be compliant with State Model: Cloud Computing – Software as a Service (SaaS)

11. The asset data shall be securely encrypted during transmission from the embedded or aftermarket device and transmitted via cellular and satellite network, or combination of data transmission services to a Contractor and/or ordering agency’s owned data warehouse.

12. The system shall be compliant with SAM 4983.1, Cloud Computing Policy.

CONFIDENTIALITY; DATA SECURITY AND USE

This Section applies to Group 11 only.

Security Programs Compliance The Contractor and ordering agency will each comply with the applicable requirements of the Security Programs.

PCI-DSS Attestation The Contractor represents and warrants that it is, and shall remain at all times during the term of the contract, compliant with the terms of the contract as they apply to the services. Upon the request of DGS-PD, the Contractor shall provide, within ten (10) working days, any documents necessary to validate compliance with the Payment Card Industry Data Security Standards (PCI-DSS) and any annual re-validation or certification of Contractor’s compliance with those standards, including without limitation, providing a copy of its most current Attestation of Compliance and Reports of Compliance prepared in connection with complying with PCI-DSS.

Contractor Data Breach If a Contractor Data Breach occurs, then Contractor will comply with all laws and payment network regulations with respect to such Contractor Data Breach, including providing the required reporting and forensic audits to the entity that issues or sponsors a credit card or debit card (Payment Networks) and, unless prohibited by law enforcement or the Payment Networks, will inform the ordering agency of such Contractor Data Breach. Contractor will not pass-through or require the ordering agency to be liable to Contractor for any fees, fines, penalties, assessments, or charges levied against Contractor by the Payment Networks in connection with a Contractor Data Breach. Unless otherwise required or directed under law, the Payment Network’s regulations, or a Payment Network, Contractor will not (i) contact or inform any customer of whose data may have been the subject of an Contractor Data Breach of the occurrence of the Contractor Data Breach, or (ii) publicly disclose that information provided by the ordering agency to Contractor was the subject in any part of an Contractor Data Breach. If Contractor is legally obligated or the Payment Network Regulations or Payment Networks require Contractor to contact Customers as part of a Contractor Data Breach, Contractor will limit the notices to such customers to those required by the legal obligation, the Payment Network’s regulations, or the Payment Networks, or as approved by the ordering agency.

Cardholder Data and Transaction Information:

1. The Contractor and ordering agency will ensure the security of cardholder data and transaction information in accordance with all laws and the Payment Network’s regulations. The Contractor will retain cardholder data and transaction information for the duration required by laws and the Payment Network’s regulations and thereafter will destroy, in a manner that will render the information unreadable, all such information that is no longer necessary or appropriate to maintain for ordinary business purposes.

2. The Contractor will not disclose cardholder data to any third party, except to a Service Provider, unless required by laws or the Payment Network’s regulations. The Contractor will not retain or store magnetic stripe or CVV2/CVC2/CID data after authorization for any purpose. After authorization, the Contractor will retain only the customer account number, name, and card expiration date if the Contractor has a reasonable business purpose to retain such information and is otherwise in compliance with the agreement.

3. The Contractor acknowledges that the ordering agency may collect information about the ordering agency’s customers as part of an ordering agency sales transaction (e.g., price paid, time) regardless of the customer’s payment type and not in connection with the services, and that the contract does not restrict the ordering agency’s retention, use or disclosure of such information even though some of that information may overlap with elements of transaction information.

4. Unless otherwise prohibited by law, any applicable regulations, Payment Network regulations, Payment Networks, or PCI DSS, cardholder data, transaction information, and information regarding the ordering agency, its principals, or affiliates, or that the Contractor otherwise obtains in connection with the contract may be:

a. Used by the Contractor and its affiliates, third-party contractors, agents, and referral partners (a) to provide the services and related functions to the ordering agency and to respond to any further application for services, (b) for administrative purposes and to maintain the ordering agency’s account pursuant to the contract, and (c) for the Contractor’s internal fraud and compliance monitoring;

b. Disclosed and shared by the Contractor for reporting purposes to credit rating agencies and to the financial institution where the DDA is maintained;

c. Used to enhance or improve the Contractor’s products or services generally;

d. Used or disclosed by the Contractor in the course of any sale, reorganization or other change to the Contractor’s business, subject to appropriate confidentiality agreements;

e. Collected, used and disclosed by the Contractor as required by laws (e.g., for tax reporting or in response to a subpoena); and

f. Retained for such periods of time as the Contractor requires to perform its obligations and exercise its rights under the contract.

The Contractor may prepare, use, and share with third parties, aggregated, non-personally identifiable information derived from transaction information (so long as such information cannot be identified to the ordering agency) that is combined with similar information from all of or specific segments of the Contractor’s other customers.

ENVIRONMENTALLY PREFERABLE PURCHASING (EPP)

DGS-PD is responsible for the implementation of Environmentally Preferable Purchasing (EPP) as mandated by PCC Sections 12400-12404. By signing the Agreement Cover Letter, the Bidder is certifying that the products offered under this IFB are in compliance with the Federal Trade Commission’s Guidelines for the Use of Environmental Marketing Terms, per PCC Section 12404.

The State intends to purchase ENERGY STAR® products whenever feasible. Bidders must indicate Yes/No on Attachment 1 – Pricing Workbook if products are ENERGY STAR® certified.

ENERGY STAR® certification is mandatory for Level 2 chargers and optional for all other charger types.

The State intends to purchase Restriction of Hazardous Substances (RoHS) compliant products whenever feasible. Bidders shall provide the RoHS certificate with the bid submittal or within five (5) working days after request by the State.

POST-CONSUMER RECYCLED CONTENT CERTIFICATION

State departments are required to report purchases made within sixteen (16) product categories in the California Department of Resources Recycling and Recovery’s (CalRecycle) State Agency Buy Recycled Campaign (SABRC) in accordance with PCC Sections 12200-12217.

In order to comply with those requirements, Bidders are required to certify in writing the minimum percentage, if not the exact percentage, of post-consumer recycled content (PCRC) material in each of the products offered as part of this IFB.

The PCRC Certification Workbook contains the following documents:

· PCRC Percentages Worksheet – Bidder shall complete the PCRC Percentages Worksheet for each product offered.

· Letter of Certification – Bidder shall sign the Letter of Certification certifying that the minimum percentage, if not exact percentage, listed in the PCRC Percentages Worksheet is accurate. The Letter of Certification shall be furnished under penalty of perjury. The Letter of Certification shall be provided regardless of content, even if the products do not contain PCRC.

· Reportable Product Categories Table – This table is provided for informational purposes only and identifies the sixteen (16) SABRC reportable product categories.

The Bidder shall complete and submit the PCRC Certification Workbook with the bid or within five (5) working days of request from the state.

During the life of the contract, the Contractor will be required to submit revised PCRC Certification Workbook information if percentages are adjusted or if substitute line items are approved by the State Contract Administrator.

PRICING STRUCTURE

Contract items are categorized under two (2) main categories:

· Core Items:

Core line items are high-use EVSEs, Accessories, Installation/Removal, Take-Back, Network Management System and Services, Equipment Maintenance Services, and Repair Services that are commonly purchased by the State. These items will be available for purchase by ordering agencies at a fixed contract price (offered on Attachment 1 – Pricing Workbook. Core EVSE Hardware items are mandatory for the State to purchase. Core Accessories, Installation/Removal, Take-Back, Network Management System and Services, Equipment Maintenance Services, and Repair Services are ancillary to the hardware and are non-mandatory for the State to purchase. The State reserves the right to eliminate any specific line item from the final award.

Bidders are encouraged to offer volume discounts and may describe their volume discount on Attachment 3 – Narrative response.

· Non-Core Catalog Items:

Non-core catalog items are non-mandatory for ordering agencies to purchase and are defined as EVSE items, services, and accessories available in the Contractor’s Non-Core Catalog. Noncore catalog items shall be limited to EVSE items, services, and/or accessories not included as part of the Core line items identified in Attachment 1 – Pricing Workbook. Non-Core Catalog items may be added to the Core items if conditions warrant. The Non-Core Catalog shall provide complete descriptive specifications for all products allowable within the scope of this contract.

Items outside of the scope of the IFB shall not be allowed. Only products within the scope of an awarded Group may be sold under a resulting contract. Non-Core items shall not infringe on products offered through other awarded Groups.

Non-core catalog items shall be available for purchase by ordering agencies at a discount off catalog list price per category. The contract discount provided for Core Item Categories will be the same contract discount applied to the Non-Core Catalog Item Categories. For example, any Non-Core EVSE Hardware will be sold at the same discount as the EVSE Hardware Core items.

After award, non-core items may be offered at a greater discount than the Contractor’s discount off list. Non-core items at a lower discount will not be considered.

Non-Mandatory Items will only be available for EVSEs purchased from the resulting contract and may be purchased with an EVSE or any time during the life of the contract.

PRICING WORKBOOK

Attachment 1 – Pricing Workbook contains the price sheets that the Bidders shall use to enter pricing/discounts for the IFB. In order to be considered for award, all line items in a Core Group in Attachment 1 – Pricing Workbook must be bid. Bidders do not need to bid on all Groups. All dollar figures must be entered to no more than two (2) decimal places (e.g., $150.00). All percentages entered shall be whole numbers and not contain any numerals after the decimal point (e.g., 49% is acceptable, 49.3% is not). Any percentages including numerals after the decimal point will be rounded up (e.g., 49.3% will become 50%). Upon award, the Bidder’s proposed products listed on Attachment 1 – Pricing Workbook will be the Contract Line Items (CLINs) under the resultant contract. The State reserves the right to eliminate any specific Group from the final award.

Bidders are required to provide the following proposed product information for each line item on the Pricing Workbook:

· Manufacturer Part Number (OEM #)

· Manufacturer Name (OEM)

· Bidder’s product Stock Keeping Unit Number (SKU#)

· OEM Item Description

· Energy Star Certified

· List Price/MSRP

· Contract Discount

Bidders will provide the following proposed product information for each Group proposed on the Pricing Workbook:

· Non-Core Catalog Index/URL and Date

Prices quoted shall be all inclusive. Only the prices submitted in the bid response shall be included in the awarded contract. No other fees can be charged to the customer, including but not limited to travel, per diem, or any other fees to provide the product and services under the contract.

Attachment 1 – Pricing Workbook must be filled out completely for each Group the Bidder is proposing or the bid may be rejected. Yellow cells are mandatory and must be completed. Modifying any other cell in any worksheet may disqualify the Bidder.

Bidders shall submit one (1) electronic copy in Microsoft Excel format of the completed Attachment 1 – Pricing Workbook with the emailed bid response.

Failure to submit the Attachment 1 – Pricing Workbook with the bid response shall result in the bid being considered non-responsive.

Each discount percentage is established in Attachment 1 – Pricing Workbook. All discount percentages shall be firm fixed for Core and Non-Core Catalog items for the contract term, including any optional extension periods, unless a greater discount is negotiated. A discount percentage will not decrease during the contract term, including any extension period.

The list price may fluctuate throughout the contract term, however, the discount shall remain the same throughout the life of the contract.

QUANTITIES

The quantities shown in Attachment 1 – Pricing Workbook, are representative and used for evaluation purposes only. Actual purchases may vary. The State will not guarantee that these quantities will be purchased. Consequently, there is no guaranteed dollar value for this contract. The State will not be obligated to purchase Contractor’s excess inventory. The State reserves the right to purchase any quantity of any line item from the resulting contract.

SALES TAX

Sales tax is not to be included in the bid response or on Attachment 1 – Pricing Workbook. If awarded the contract, sales tax should be added at time of invoicing. The sales tax rate applied should be based on the rate of the area where the product is to be delivered.

NARRATIVE RESPONSE

The IFB includes some items that require a narrative response. Those items have been listed on Attachment 3 – Narrative Response. Bidders shall input narrative responses on the attachment only, and only for the items requested. If necessary, Bidders may add pages to the attachment to further explain their response.

Bidders shall not input narrative responses within the IFB document, nor should narrative responses be included for items the State did not list on Attachment 3 – Narrative Response. Attachment 3 - Narrative Response shall be included with the bid.

SELLER PERMIT AND SECRETARY OF STATE

Bidders are required to provide their Seller’s Permit number and, if a corporation or limited liability company, their Secretary of State (SOS) certification number on Attachment 3 – Narrative Response.

A copy of the Seller’s Permit or certification of registration, and, if applicable, the permit or certification of all participating affiliates issued by the…